Vasanthi v. K.Kavitha

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in CC.No.550 of 2016, dated 05.03.2019 passed by the learned Judicial Magistrate No.II, Dindigul, confirmed in Crl.A.No.31 of 2019 dated 03.06.2026 on the file of the Additional District & Sessions Judge, Dindigul pending disposal of this criminal revision petition.

¶2The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 05.03.2019 for the offence under Section 138 of the Negotiable Instruments Act, 1881, and the trial Court sentenced her to pay the compensation of Rs.10,00,000/- (Rupees Ten Lakhs only) to the defacto complainant within a period of one month from the date of the judgment in default, to undergo simple imprisonment for a period of six months, in C.C.No.550 of 2016 on the file of the learned Judicial Magistrate No.II, Dindigul.

¶3The learned Additional District and Sessions Judge, Dindigul, confirmed the conviction and sentence, and dismissed Crl.A.No.31 of 2019 dated 03.06.2026. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.

¶4The learned Counsel for the petitioner submitted that there are several infirmities in the prosecution case, and also there are contradictions in material particulars between the evidence of the prosecution witnesses. Further, he submitted that the petitioner has already deposited 20% of the cheque amount as compensation before the learned Judicial Magistrate No.II, Dindigul.

¶5This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

¶6The learned counsel for the petitioner pointed out that there are certain infirmities and inconsistencies in this case, and also there are certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further, the criminal revision is not likely to be taken up for final hearing in the near future and as such, and also considering the bonafide expressed by the petitioner, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

¶7Accordingly, this Criminal Miscellaneous Petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions :

(i) The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Dindigul;

(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and

(iii) The petitioner shall appear before the Judicial Magistrate No.II, Dindigul, weekly once i.e., on every working Monday at 10.30 a.m., until further orders.

(iv) The learned trial Court shall re-deposit the said sum in a Nationalized Bank, so that, the amount accrues interest and the same can be disbursed depending upon the outcome of the Criminal Revision Case in Crl.R.C.(MD)No. 1220 of 2026.

13.08.2026 gvn (2/3) To:-

1.The Additional District and Sessions Judge, Dindigul.

2.The Judicial Magistrate No.II, Dindigul.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

N.GUNASEKARAN, J.

gvn

Crl. MP(MD)No.14689 of 2026 in CRL RC(MD)No.1220 of 2026 (2/3)

13.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2026 CORAM: THE HONOURABLE MR JUSTICE N.GUNASEKARAN CRL MP(MD) No.14689 of 2026 in CRL RC(MD) No.1220 of 2026 Vasanthi ... Petitioner Vs. K.Kavitha ... Respondent PRAYER: This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS to suspend the sentence of the said conviction dated 05.03.2019 passed in CC.No.550/2016 against the revision petitioner by the learned Judicial Magistrate No.II, Dindigul and confirming the conviction by the appellate court in Crl.A.No.31/2019 dated 03.06.2026 by the learned Additional District & Sessions Judge, Dindiugl pending disposal of the present Criminal Revision Petition. For Petitioner : Mr.R.Anandha Raj